In order to find out if you your requested mark is already filed with the USPTO you can work with a Trademark filing service for a low cost fee to preform a pre-search or full search for conflicting or similar marks. The trademark application is generally $250-$350. Working with a trademark service...Read more »
You should consult with an experienced trademark attorney, to review your intended mark and its use, search existing registrations to assure it is not confusingly similar to another used for similar goods or services, and apply for registration.
Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.
Yes, trademark cancellation proceedings can be initiated by multiple parties for the same trademark as there can be various reasons for trademark cancellation. This is valid for many jurisdictions and countries throughout the world.
A performer may apply for federal registration of his/her stage name, if it is not confusingly similar to another performer who has used the name earlier in time. The application would be made for entertainment services, and could also be supplemented by registrations for use on fan merchandise....Read more »
The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?...Read more »
If theres a logo trademark "Blend smoothie and salad bar" under the category of restaurant services, can I write the trademark "Blend&Co" for my restaurant selling healthy smoothies, juices, coffee, tea, etc..?
The intent-to-use application to register "Versatilis Couture" was approved for publication and then a notice of allowance was issued on 06/05/2019. Since there was no statement of use filed within the required six month period, the application was abandoned and cannot now be revived....Read more »
I would guess there was a misunderstanding between you and your lawyer. Once a federal trademark is registered, it lasts 10 years, and a renewal application can be filed between the 9th and 10th year from registration (but before the 10-year anniversary, in order to avoid additional fees and...Read more »
I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... Read more »
Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered...Read more »
The federal registration entitles you to the remedies of injunctive relief and money damages by suing in federal court for infringement. Consult an experienced trademark attorney to review the case and bring an action in the appropriate venue.
The registration in 2012 of MANGROVE MAFIA is for use on stickers in International Class 16, which also includes other printed matter such as magazines. That registration is up for renewal by 11/14/2022, and could expire if the owner does not submit a specimen of use and declaration.
Can I legally call my company name Jedi Roofers LLC? I wasnt sure exactly how copywrite works in this regard. Since I am using Roofers LLC could I legally use Jedi? I see that its in the Webster dictionary defines Jedi as: person who shows extraordinary skill or expertise in a specified field or... Read more »
This is a trademark question regarding brand names, not copyright, which protects works of expression.
Lucasfilm has registered JEDI as a trademark for various goods and services, but a quick search of USPTO records shows that no application has been made for JEDI used for roofing services....Read more »
While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact...Read more »
Consult a qualified trademark attorney to prepare and file an application for federal registration.
You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these...Read more »
is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?
I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »
The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:...Read more »
I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!
Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.
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